- 1 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA MISCELLANEOUS FIRST APPEAL NO.9217 OF 2025 (CPC) C/W MISCELLANEOUS FIRST APPEAL NO.9218 OF 2025 (CPC) MISCELLANEOUS FIRST APPEAL NO.9219 OF 2025 (CPC) IN MFA NO.9217/2025 BETWEEN: SRI VENKATARAMAIAH .G S/O LATE GUNDAPPA, AGED ABOUT 76 YEARS, NOW R/AT BELAMANGALA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DIST.-560067. …APPELLANT (BY SRI B.S. RAGHU PRASAD, ADVOCATE) AND: 1. SMT. C. PADMAVATHI W/O LATE S. VENKATESH MURTHY, AGED ABOUT 57 YEARS, 2. SRI V. UDAYA KUMAR S/O LATE S. VENKATESH MURTHY, AGED ABOUT 43 YEARS, Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 3. SMT. SHASHIKALA D/O LATE S. VENKATESH MURTHY, AGED ABOUT 36 YEARS, ALL ARE R/AT PORTION NO.140/1, 1ST MAIN, 1ST BLOCK, JAKKASANDRA EXTN., KORAMANGALA, BENGALURU-560 034. …RESPONDENTS (BY SRI M.N. UMASHANKAR, ADVOCATE FOR C/R-1 TO R-3) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 14.11.2025 PASSED ON I.A.NO.2 IN O.S.NO.5987/2025 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), REJECTING THE I.A.NO.2 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. IN MFA NO.9218/2025 BETWEEN: SRI VENAKTARAMAIAH .G S/O LATE GUNDAPPA, AGED ABOUT 76 YEARS, NOW R/AT BELAMANGALA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DIST.-560067. ...APPELLANT (BY SRI B.S. RAGHU PRASAD, ADVOCATE) AND: 1. SMT. C. PADMAVATHI W/O LATE S. VENKATESH MURTHY, AGED ABOUT 57 YEARS, - 3 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 2. SRI V. UDAYA KUMAR S/O LATE S. VENKATESH MURTHY, AGED ABOUT 43 YEARS, 3. SMT. SHASHIKALA D/O LATE S. VENKATESH MURTHY, AGED ABOUT 36 YEARS, ALL ARE R/AT PORTION NO.140/1, 1ST MAIN, 1ST BLOCK, JAKKASANDRA EXTN., KORAMANGALA, BENGALURU-560 034. ...RESPONDENTS (BY SRI M.N. UMASHANKAR, ADVOCATE FOR C/R-1 TO R-3) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 14.11.2025 PASSED ON I.A.NO.5 IN O.S.NO.5987/2025 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), ALLOWING THE I.A.NO.5 FILED UNDER ORDER 39 RULE 4 READ WITH SECTION 151 OF CPC. IN MFA NO.9219/2025 BETWEEN: SRI VENKATARAMAIAH .G S/O LATE GUNDAPPA, AGED ABOUT 76 YEARS, NOW R/AT BELAMANGALA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-560 067. ...APPELLANT (BY SRI B.S. RAGHU PRASAD, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 AND: 1. SMT. C. PADMAVATHI W/O LATE S. VENKATESH MURTHY, AGED ABOUT 57 YEARS, 2. SRI V. UDAYA KUMAR S/O LATE S. VENKATESH MURTHY, AGED ABOUT 43 YEARS, 3. SMT. SHASHIKALA D/O LATE S. VENKATESH MURTHY, AGED ABOUT 36 YEARS, ALL ARE R/AT PORTION NO.140/1, 1ST MAIN, 1ST BLOCK, JAKKASANDRA EXTN., KORAMANGALA, BENGALURU-560 034. ...RESPONDENTS (BY SRI M.N. UMASHANKAR, ADVOCATE FOR C/R-1 TO R-3) THIS MFA IS FILED UNDER ORDER 43 RULE 1(r) OF THE CPC., AGAINST THE ORDER DATED 14.11.2025 PASSED ON I.A.NO.1 IN O.S.NO.5987/2025 ON THE FILE OF THE III ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-25), REJECTING THE I.A.NO.1 FILED UNDER ORDER 39 RULE 1 AND 2 READ WITH SECTION 151 OF CPC. THESE APPEALS COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA - 5 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 ORAL JUDGMENT These miscellaneous first appeals are taken up together for consideration, as they arise out of a common order dated 14.11.2025 passed on I.A.Nos.1, 2 and 5 in O.S. No.5987/2025 on the file of the III Additional City Civil and Sessions Judge, Bengaluru (CCH-25) (‘Trial Court’ for short), whereby the Trial Court rejected I.A. Nos.1 and 2 filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC and allowed I.A. No.5 filed by defendants under Order XXXIX Rule 4 CPC. 2. The plaintiff instituted suit seeking relief in respect of the suit schedule property. a. I.A.No.1 was filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC seeking an injunction restraining the defendants from alienating or creating any charge, sale, gift or mortgage in respect of the suit schedule property. - 6 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 b. I.A.No.2 was filed by the plaintiff under Order XXXIX Rules 1 and 2 CPC seeking to restrain the defendants from putting up any construction or altering the nature of property. c. I.A.No.5 was filed by the defendants under Order XXXIX Rule 4 CPC seeking to vacate the interim order granted on 21.08.2025. 3. Learned counsel for the respondents submits that I.A.No.2 has been rendered infructuous, as construction has already been completed. On instructions, learned counsel for the respondents submits that the defendants undertake that they will not alienate the suit property pending suit. However, they seek liberty to induct tenants in the suit schedule property. 4. The said submission is recorded. 5. Learned counsel for the appellant submits that the present miscellaneous first appeal be disposed of - 7 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 directing the defendants not to alienate pending disposal of the suit and since the constructions has already been put up, the same should be made subject to the final outcome of the O.S. No.5987/2025. 6. Having regard to the submission made by both sides, it is evident that: i. The construction over the schedule property has already been completed, thereby rendering the relief sought in I.A.No2 infrucutous. ii. The respondents have given an undertaking before this Court that they would not alienate the suit property during the pendency of the suit. Such undertaking safeguards the interests of the plaintiff to a substantial extent. 7. Insofar as construction already put up is concerned, it is just and necessary to protect the rights of both parties by directing that the construction shall be made to the final outcome of the suit and no equities shall - 8 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 be claimed on that basis. Further, permitting induction of tenants without creation of third party rights, or alienation would not prejudice the plaintiff, particularly in view of the undertaking recorded. Hence, the following: ORDER i. The miscellaneous first appeals are disposed of. ii. The construction put up over the suit schedule property shall be subject to final outcome of O.S.No.5987/2025. iii. The defendants shall not claim equity in light of the affidavit dated 28.01.2026 filed in MFA No.9217/2025. iv. In view of the undertaking given by the defendants, the defendants are restrained from alienating or creating any third party rights in respect of the suit schedule property during the pendency of the suit. - 9 - HC-KAR NC: 2026:KHC:19399 MFA No. 9217 of 2025 C/W MFA No. 9218 of 2025 MFA No. 9219 of 2025 v. However, the defendants are at liberty to induct tenants in the suit schedule property subject to the condition that no rights are created affecting the final adjudication. vi. All the observations made herein are prima facie and shall not influence the Trial Court while deciding the suit on merits. Sd/- _____________________ JUSTICE K.S. HEMALEKHA MBM List No.: 1 Sl No.: 47